GENERAL TERMS AND CONDITIONS
A Night In DC serves as a 3rd party ticketing platform for most events. When Purchasing tickets from www.ANightInDC.com, all sales are final. The only exception is in the event of a cancellation, in which the terms and conditions of the original ticketing platform will apply (i.e. ticketmaster, live nation, stubhub etc.)
A Night In DC is a Website that promotes DC Events Including Concerts, Comedy Shows, Theatre, Clubbing and Other Interesting Events. A Night In DC also gives consumers the opportunity to purchase tickets to events that are sold out by pre-purchasing them and re-selling (usually at higher than market value). Our goal is to inform the local community and those abroad of events happening in Washington, DC. Occasionally A Night In DC may promote events outside of Washington, DC such as in the areas of Maryland and Virginia, but all events are within the Metropolitan Area so as to stay true and minimize tourist/non local travel frustration. Any questions or concerns to A Night In DC may be directed to Info@ANightInDC.com.
These Sales Terms and Conditions ("Sales Terms") govern your use of ANightInDC.com. By using or visiting this site, or purchasing tickets in any manner from A Night In DC, you expressly agree to abide and be bound by these Sales Terms, as well as all applicable laws, ordinances and regulations. You represent that you are legally able to enter into a binding contract. If you are under the age of 18, then you may only use this site or our customer call center in conjunction with, and under the supervision of, a parent or guardian.
Below you will find the full Sales Terms, which include but are not limited to, the specific items below that we are highlighting for you:
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All orders placed on ANightInDC.com must be confirmed by the respective seller before the Buyer Guarantee takes effect.
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Ticket prices may be above "face value" listed on the ticket.
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Confirmed orders may be filled with comparable or upgraded tickets if the original tickets are no longer available. Refunds may also be given in this case.
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All sales are final; there are no cancellations, returns, or exchanges.
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If an event is canceled you will be given a full refund, less shipping charges (if applicable). If an event is postponed or rescheduled, and the original tickets are valid for entry at the time of the rescheduled event, your order will not qualify for a refund.
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Our Buyer Guarantee provides for a full refund in the unlikely event that you do not receive valid tickets in time for you to attend your event.
A Night In DC acts as an event marketplace. This means that we are an intermediary between ticket buyers and event promoters, venues and/or artists, allowing ticket buyers to find tickets for all their favorite events. It also means that A Night In DC is sometimes not the ticket seller (except in the event of tickets purchased under "Hot Tickets" and some listed tickets are listed by A Night In DC on behalf of the venue, promoter, team, league or organizing group.
HOT TICKETS TERMS AND CONDITIONS
Ticket Listings
Buyers may buy tickets from the "Hot Tickets" section of ANightInDC.com for a specific artist or show that is being offered by A Night In DC. These are tickets that A Night In DC has bought and resold. Each listing contains the event name, date, seat location, and price per ticket. Please note, the ticket price may be higher than the “face value” that appears on the ticket. The notes section of the listing, if present, highlights special characteristics of the tickets contained in the listing. Because you will have an opportunity to look at the tickets available for a particular event and determine which tickets to purchase, it is your responsibility to confirm any relevant details by contacting A Night In DC. A Night In DC does not guarantee the accuracy of any information provided by promoters on ANightInDC.com.
Selecting and Purchasing Tickets
Once you identify the tickets you would like to purchase, and select them, you will be directed through the checkout process where you will enter your name and address, and provide payment information. You will also be able to review the ticket details, total order price, and service and delivery fees. The total order value will include a service and delivery fee that is added by A Night In DC to the price of the tickets. The service and delivery fees only apply to merchandise (if applicable).
By placing an order, you authorize A Night In DC to charge your method of payment for the total order amount. Your order is then sent to the seller for confirmation. The seller will confirm the tickets are still available and you will receive notification that the tickets will be delivered. If you do not receive notification of ticket delivery, contact us at info@anightindc.com for assistance. Upon seller confirmation, your method of payment will be charged.
Payment
By placing your order, you authorize A Night In DC to charge your method of payment for the total amount, which includes the ticket price and service and delivery fees. We accept Visa, Mastercard, Discover, American Express and PayPal. In the event that you dispute a charge and it is determined that the charge was valid and not the result of credit card or other payment fraud, A Night In DC has the right to seek payment, including all associated fees, by whatever means necessary, including using collection agencies and legal proceedings. A Night In DC may also mitigate its damages by re-listing and selling the tickets that are the subject of the underlying payment dispute.
Pricing Errors
A large volume of tickets are listed on the A Night In DC Marketplace and A Night In DC makes every effort to prevent pricing errors. On rare occasions when pricing errors occur, A Night In DC will be liable to the customer for this error. You will also have the Ability to cancel your order if there is a discrepancy in any part of the listing made by A Night In DC.
Ticket Availability
All orders are subject to ticket availability. A Night In DC will use commercially reasonable efforts to procure and timely deliver the exact tickets ordered. If those tickets are no longer available, A Night In DC reserves the right to replace tickets with comparable or upgraded tickets, at A Night In DC's reasonable discretion. If no comparable tickets are available, A Night In DC reserves the right to cancel your order, and may offer you discounts on future tickets.
Delivery of Tickets
Tickets may be delivered via Instant Download, Email, FedEx, or Special Delivery for the charge stated during the checkout process. Some tickets are delivered by an alternative method which will be described at the time of checkout or in a subsequent email. For listings with no designated delivery method, tickets will typically be emailed or shipped by FedEx. Such delivery method and delivery date will be noted in the terms and conditions. A Night In DC will never charge a shipping fee for delivery as all fees are included in the ticket price.
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Instant Download – Within a few minutes of placing the order.
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E-tickets – Date of delivery will be listed on the purchase page before purchasing
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Shipped – Arrive in 1-3 business days from placing the order.
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Special Delivery – at least one (1) hour before the scheduled event.
Ticket Holder Behavior Policy
Attendees to live events must abide by the rules and policies of the venue, promoter and anyone else responsible for the event. Failure to follow such rules and policies may lead to consequences against you or the seller or original ticket holder. If you or another person using the ticket you purchased from A Night In DC fails to abide by those rules and policies, you are responsible for all applicable fines and legal or other expenses associated therewith. If you are asked to leave the event or you miss part of the event due to suspected or confirmed inappropriate behavior, you will not qualify for a refund. Further, should any violation result in the loss of the ticket seller's season ticket rights or right to use any other tickets at that venue, or the right to purchase other tickets from that venue, you shall be held liable for all reasonable costs, expenses and losses associated with said loss including, but not limited to, all direct, indirect, vicarious, consequential, exemplary, incidental, special or punitive damages, including lost profits.
All Sales are Final
All sales are final. No refunds will be given for any reason other than postponement or cancellation of the event, or failure to timely deliver valid tickets. This policy is necessary because of our status as a live marketplace. When a purchase is confirmed, the seller removes the associated tickets from the seller’s inventory. The pricing in the market also changes frequently and just as A Night In DC is not permitted to decline to confirm an order in anticipation of the market going up, buyers are not permitted to return tickets or cancel an order due to the market price going down. A buyer may always sell their tickets on the A Night In DC Marketplace if, after purchase, the buyer decides not to attend the event.
If A Night In DC fails to deliver any ticket contracted for, then A Night In DC's sole obligation or liability shall be limited to refunding the buyer any payments made to A Night In DC under this Agreement.
Cancelled and Postponed Events
A Night In DC will refund the purchase price, including delivery charges, for canceled events. No refunds for mailed or special delivery tickets will be given without the original tickets, unless otherwise determined by A Night In DC, in its sole discretion. A Night In DC will determine when an event is canceled based upon the best information available.
Event date, times, venue and subject matter may change. We are not always notified if a show is postponed, rescheduled or canceled. It is the buyer's responsibility to monitor the event and to confirm any changes to the event with the entity putting on the event. In certain instances, a venue, promoter, or any entity putting on the event will require a ticket holder to relocate his or her seat. A Night In DC shall not be held responsible for any such change and will not be obligated to provide a refund or any other compensation. A Night In DC will, however, try to secure reasonable compensation if requested, for such changes.
Denial of Admission
If you have difficulty gaining admission to an event, contact us immediately by calling 202-503-9655. If the issue you are experiencing is not resolved and you are denied admission, you must obtain proof from the venue verifying that you were denied entry and send that to A Night In DC along with a statement describing the specific circumstances.
Upon receipt of the evidence, A Night In DC will conduct an investigation. During that investigation, we will review the proof you submit and contact the seller. In the event that A Night In DC determines that you were indeed denied entry, at no fault of your own, you will receive a full refund of the cost of the ticket including all fees and shipping charges, as the sole remedy. If the investigation results in a finding that you either did not attempt to use your tickets, you were granted entry, or your claim that you were denied entry has been found to be false, you will not be refunded.
Lost, Stolen, or Damaged Tickets
Please keep your tickets in a safe place. A Night In DC is not responsible for lost, stolen, damaged or destroyed tickets and will not refund your order if you cannot locate your tickets once they are delivered to you. As stated above, A Night In DC is a Marketplace and not associated with any venue so we do not generate tickets and cannot reissue replacements for mailed or special delivery tickets. Please note that direct sunlight or heat can damage certain types of tickets.
Privacy Policy
A Night In DC will never give or sell your information to any 3rd party for profit or non-profit.
Unlawful Activity
A Night In DC prohibits the use of its Marketplace, website, or mobile application for unlawful conduct. All users must comply with all local, state, federal and international laws, ordinances and regulations. By using this site, you agree not to use any false personal information or use an invalid or unauthorized credit or debit card. You agree not to use or permit anyone to use information provided through ANightInDC.com for any unlawful or unauthorized purpose.
Investigations and Consequences
A Night In DC monitors compliance with these Sales Terms and investigates alleged violations and other complaints against users. This includes any attempt to defraud, or otherwise harm A Night In DC or sellers on the Marketplace. You are required to cooperate in such investigations including, but not limited to, providing any and all information requested.
Following an investigation, or for any other reason, A Night In DC may, without prior notice, enforce certain consequences for violations of the Sales Terms, attempts to harm A Night In DC and/or sellers on the Marketplace, or failure to cooperate with an investigation. Such consequences include but are not limited to:
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Canceling confirmed orders
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Issuing a warning
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Suspending or terminating your account
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Denying access to the A Night In DC Marketplace
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Rejecting pending orders
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Blocking future transactions
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Taking legal action such as filing civil or criminal charges, or seeking an injunction.
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You agree that monetary damages may not provide a sufficient remedy to A Night In DC for violations of these Sales Terms and that the damages and harm caused by such violation may lead to impaired good will, lost sales and increased expenses that are difficult to calculate. Accordingly, you consent to injunctive or other equitable relief for such violations.
A Night In DC reserves the right to report to appropriate law enforcement authorities or other relevant third parties any activity that it believes, in its sole discretion, may in any way violate any local, state, federal or international law.
Intellectual Property Ownership
The site, including all site software, databases, trademarks, logos, service marks, proprietary information and materials (and any intellectual property and other rights relating thereto) ("A Night In DCs' Property") is owned by A Night In DC and will remain the property of A Night In DC. Users of this site acknowledge that they do not acquire any ownership rights by using the site. Users may not use any A Night In DC's Property in connection with any product or service that is not offered by A Night In DC, in any manner that is likely to cause confusion with A Night In DC's business, or in any manner that disparages A Night In DC. Nothing contained on the site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any A Night In DC's Property without the express written permission of A Night In DC.
Property available on this site, including, without limitation, images and written and other materials (the "Contents"), are intellectual property protected under the copyright, trademark and other intellectual property laws of the United States and/or other countries ("Intellectual Property Laws"). You may not download, print, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise use or exploit any of the Content except in the course of viewing the site online for lawful purposes, and in making single copies of selected pages of the site for personal use and not for distribution or posting on any other site. You also agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on any Content. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading or copying other than the foregoing license to possess for personal use.
A Night In DC respects the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the site; (d) your address, telephone number and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. If you have any questions or concerns please contact info@anightindc.com.
Indemnification
You agree to indemnify, defend and hold A Night In DC, its parents, affiliates, licensors, suppliers, advertisers and sponsors, and their respective employees, consultants, agents and other representatives ("Indemnified Parties") harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from: (a) your breach of any of these terms and conditions; (b) any allegation that any information you submit or transmit to the site infringe or otherwise violates the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (c) any federal, state, or county tax obligation or amounts due or owing under any tax regulation, law, order or decree or any dispute concerning the tax status of A Night In DC; and/or (d) your activities in connection with your use of this site.
Disclaimers and Limitations on Liability
No Warranty
THE SITE, THE MATERIALS ON THE SITE AND ANY TICKET OR SERVICE OBTAINED THROUGH THE SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. A NIGHT IN DC DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE MATERIALS, AND ANY TICKETS OR SERVICE OBTAINED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR USAGE OF TRADE. A NIGHT IN DC DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. A NIGHT IN DC IS NOT RESPONSIBLE IN ANY WAY FOR THE ACCURACY OR SUITABILITY OF ANY PAYMENT OF TAXES TO ANY ENTITY ON YOUR BEHALF. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
NEITHER A NIGHT IN DC NOR ANY OTHER INDEMNIFIED PARTY ARE OR WILL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR LOST PROFITS). UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE MATERIALS ON THE SITE OR ANY TICKET OR SERVICE OBTAINED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT A NIGHT IN DC AND ANY OTHER INDEMNIFIED PARTY SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR: (I) ANY ACTION OF ANOTHER USER TO THE SITE; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, INCLUDING ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT, OR REMEDY WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF A NIGHT IN DC; (III) ANY UNAUTHORIZED ACCESS; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (IV) ANY BUGS, VIRUSES, WORMS, DEFECTS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; (V) ANY ERROR, MISTAKE, INACCURACY OR OMISSION IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS AVAILABLE THROUGH THE SITE; AND/OR (VI) ANY LOST, STOLEN OR DAMAGED TICKETS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF A NIGHT IN DC, AND ANY OTHER INDEMNIFIED PARTY, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ALL DAMAGES, LOSSES SUFFERED BY YOU AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Arbitration and Dispute Resolution
You and A Night In DC each agree that any and all disputes, controversies, or claims arising out of or relating to: (i) these Sales Terms; (ii) your use of, or access to, this site; (iii) A Night In DC's services; or (iv) any tickets or other items sold or purchased through this site shall be resolved exclusively through final and binding arbitration rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this agreement to arbitrate, any part of it, or of these Terms including, but not limited to, any claim that all or any part of this agreement to arbitrate or the Terms is void or voidable. If you and A Night In DC are unable to resolve the dispute described in the Intent Notice within thirty (30) days after the Intent Notice is sent, you orA Night In DC may initiate an arbitration proceeding.
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this agreement to arbitrate. If the value of the relief sought is $500 or less, at your request, A Night In DC will pay all filing, administrative and arbitrator fees associated with the arbitration. Any request for payment of fees by A Night In DC should be submitted by mail to the AAA along with the Demand for Arbitration and A Night In DC will make arrangements to pay all necessary fees directly to the AAA. In the event the arbitrator determines the claim you asserted in the arbitration to be frivolous or brought for an improper purpose, you agree to reimburse A Night In DC for all fees associated with the arbitration paid by A Night In DC.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Illinois. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
YOU AND A NIGHT IN DC AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING UNLESS BOTH YOU AND A NIGHT IN DC ACKNOWLEDGE AND AGREE THAT THE WAIVER IS MATERIAL AND ESSENTIAL TO THE ARBITRATION OF ANY DISPUTES BETWEEN THE PARTIES AND IS NON-SEVERABLE FROM THE AGREEMENT TO ARBITRATE CLAIMS. IF THE WAIVER IS LIMITED, VOIDED OR FOUND UNENFORCEABLE, THEN THE PARTIES' AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING, SUBJECT TO THE RIGHT TO APPEAL THE LIMITATION OR INVALIDATION OF THE WAIVER. UNLESS YOU AND A NIGHT IN DC AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIMS. ANY RELIEF AWARDED CANNOT AFFECT OTHER A NIGHT IN DC's USERS.
Modification
A Night In DC has the right, in its sole discretion, to modify, suspend or discontinue any part of this site at any time, with or without notice.
Changes in Terms and Conditions
A Night In DC reserves the right, in its sole discretion, to change these Terms at any time. If A Night In DC changes any term or condition, said modification, revision and additional information shall be posted here and shall automatically replace the terms and conditions and become binding on all users of this site. Your continued use of the site following A Night In DC's posting of revised terms and conditions constitute your acceptance of the revised agreement.
Force Majeure
A Night In DC Shall not be deemed in default or otherwise liable under these Terms due to its inability to perform its obligations by reason of any act of God, fire, earthquake, blizzard, flood, epidemic, accident, explosion, casualty, strike, lockout, labor controversy, riot, civil disturbance, act of public enemy, embargo, war, any law ordinance or regulation, legal order (unless caused by A Night In Dc's default hereunder), any failure or delay of any transportation, power, or communications system or any other similar cause not under A Night In DC's control.
Allocation of Risk
You acknowledge and agree that the foregoing disclaimers and limitations of liability represent bargained for allocations of risk and that the pricing and other terms and conditions of this agreement reflect such allocation of risk.
Additional Provisions
No agency, partnership, joint venture or other relationship is intended or created by your use of the site.
If any provision of these Terms is held invalid or unenforceable under any circumstance, its application in any other circumstances and the remaining provisions shall not be affected. Further, the provision that has been deemed to be invalid or ineffective shall be enforced to the greatest extent permitted by law.
The heading at the beginning of each paragraph is for reference purposes and no way defines the scope or extent of such paragraph.
Ultimately, If you have any issues, questions or concerns with A Night In DC please do not hesitate to contact us @ info@ANightInDC.com and we will do everything we can to make your buying experience great within the parameters of the law. Thank you and Enjoy A Night In DC!